Dejudicialization and Technologies in Public Law: Scoping Review Protocol

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Authors: Emanuele Seicenti de Brito, Júlia Gaspar Gomes Siufi, Júlia Navarro Perioto, Luciana Romano Morilas
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Abstract

Purpose: This scoping review aims to systematically map and synthesize the available scientific evidence on the intersection of dejudicialization and digital technologies within public law contexts. Dejudicialization refers to the transfer of decision-making powers from the Judiciary to administrative or extrajudicial bodies, representing a significant shift in how states deliver justice and resolve disputes. As digital technologies—including artificial intelligence, automation, blockchain, and online dispute resolution platforms—increasingly reshape public sector operations, there is a critical need to understand how these innovations intersect with dejudicialization processes. Background: Contemporary public law faces a growing tension between expanding access to justice and the limited response capacity of state institutions. Despite the relevance of this topic for justice modernization policies, scientific production articulating dejudicialization and technologies in public law remains dispersed across legal, technological, and public administration disciplines, lacking systematic synthesis. Research Questions: The review addresses three primary questions: (1) What theoretical approaches and conceptual frameworks have been used to understand dejudicialization in public law? (2) What digital technologies have been applied or proposed for dejudicialization processes in the public sector? (3) What institutional experiences and lessons learned have been documented by government agencies implementing technology-enabled dejudicialization? Methods: This scoping review follows the Joanna Briggs Institute (JBI) methodology and PRISMA-ScR reporting guidelines. Systematic searches will be conducted across four complementary databases: Scopus (multidisciplinary coverage), HeinOnline (specialized legal literature and law reviews), Web of Science/SSCI (high-impact peer-reviewed literature with citation tracking), and JSTOR (foundational theoretical and historical works). Grey literature searches will include government technical reports from Brazilian agencies (CNJ, STF, STJ, TCU), international organizations (UN, OECD, World Bank, IDB), theses and dissertations (BDTD/IBICT, ProQuest), and institutional repositories. The review covers literature from 2000-2025 in English, Portuguese, and Spanish. Two independent reviewers will conduct screening (with Kappa > 0.80 target agreement) and data extraction using standardized procedures. Expected Outcomes: The review will produce: (1) a comprehensive bibliometric map of the literature; (2) a thematic synthesis of theoretical approaches, applied technologies, and implementation experiences; (3) identification of gaps in current knowledge; and (4) evidence-informed recommendations for policymakers and researchers working on justice modernization initiatives. Findings will be particularly relevant for the Brazilian context while incorporating international comparative perspectives. Funding: This work is supported by the São Paulo Research Foundation (FAPESP), grant number 2025/08822-7.

Fields of Study & Subjects

Administrative Law and Governance Artificial Intelligence in Law E-Government and Public Services

Publication details

Publication date
1 January 2026
Document type
Preprint